


Whoopi Goldberg does not think that Daniel Penny, the Marine veteran who was on trial for the death of homeless former subway performer Jordan Neely, should’ve been celebrating his acquittal in public.
Penny, 26, pleaded not guilty to the charges of second-degree manslaughter and criminally negligent homicide after he put Neely, a struggling street artist with a record of drug and mental health issues, in a fatal chokehold in a New York City subway car last year. Penny’s defense argued that he was protecting other passengers from Neely’s allegedly erratic behavior, while the prosecution accused him of recklessly using excessive force when he could’ve deescalated the situation through other means.
The judge ultimately dismissed the second-degree manslaughter charge — and on Monday (Dec. 9), the jury found Penny not guilty of criminally negligent homicide.
Following the verdict, Penny and his lawyers celebrated at a New York City bar — which didn’t sit well with Goldberg, who discussed the trial with her fellow co-hosts during today’s Hot Topics segment on The View.
“I don’t know that seeing them celebrating in a bar made me comfortable,” she said. “I mean, you killed a guy. The man is dead. Maybe you just take the celebration home. You don’t do it outside. But that’s just me. Don’t listen to anything I say.”

According to Goldberg, there were a lot of “failures” that led to Neely’s death.
“There’s failure all over here,” she said. “There’s failure in the system, failure on the part of the courts, failure on the parts of the hospitals, and failure on our part and how we deal with this.”
Alyssa Farah Griffin, who did not think Penny was the “villain” in the situation, added, “I think it is the city of New York who repeatedly fails people who could be a danger to themselves and others … My only criticism of Penny is: could you have not let go sooner?”
The View airs on weekdays at 11/10c on ABC.